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Land Transfer Act 2017

Land title and registration - Compensation - Grounds for compensation

59: Compensation for loss of estate or interest in land

You could also call this:

"Getting paid back if you lose your land or property rights"

Illustration for Land Transfer Act 2017

You can take the government to court for compensation if you lose your estate or interest in land. This can happen if someone else is registered as the owner of your land because of a void instrument or fraud. You may also be able to get compensation if land is brought under the Act in the wrong way. You can also get compensation if the court makes an order under section 55 that affects your land. Unlawful changes to the land register can also mean you can get compensation. The government has to pay you compensation, even if you did not pay for the estate or interest. The government's liability to pay you compensation does not depend on how you got the estate or interest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731191.

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58: Compensation for loss or damage resulting from Registrar's error or from system failure, or

"Getting paid back if the Registrar makes a mistake or a system fails"

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60: Compensation for loss or damage occurring after search and before registration, or

"Getting paid back for losses after a property search but before it's yours"

Part 2Land title and registration
Compensation: Grounds for compensation

59Compensation for loss of estate or interest in land

  1. A person may bring a proceeding in the court against the Crown for compensation if the person,—

  2. by reason of anything in subsection (2), is deprived of an estate or interest in land; and
    1. by this Act, is barred from bringing an action for possession or other action for recovery of the estate or interest (other than an application for an order under section 55).

      1. The things referred to in subsection (1) are as follows:

      2. registration of another person as the owner of the estate or interest or of a different estate or interest under a void instrument or through fraud:
        1. the bringing of land under the Act otherwise than in accordance with the procedure prescribed by this Act or any other Act:
          1. an order under section 55 (which relates to the power of the court to direct that the register be altered):
            1. unlawful alterations to, or entries on, the register.

              1. The liability of the Crown to pay compensation does not depend on whether the person acquired the estate or interest for valuable consideration.

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